withheld

  • Gillard & Gillard 2015 FamCAFC 169

    by - Oct 23, 2015
    Parents had separated 7 years earlier.  A trial judge found that the father of children aged 12 and 10 years had engaged in a pattern of emotionally abusive behaviour that undermined the children’s relationships with their mother, and...
  • Hamilton & Logan 2015 FamCA 647

    by - Oct 23, 2015
    A child aged 9 years was diagnosed with autism spectrum disorder and both parents agreed that the child required a high degree of structure, predictability and consistency in her daily routines.  The child had previously lived with the...
  • Jasper & Jasper 2014 FamCA 235

    by - Oct 24, 2015
    Children aged 9 and 5 years spent no time with the father for four years after the parents separated (long absent parent), and the mother applied for sole parental responsibility.   The father applied for a therapeutic re-introduction of the...
  • Jevons & Jevons 2014 FamCA 220

    by - Oct 24, 2015
    Dispute involved three children aged 17, 16 and 13 years.  Two older girls lived with the mother and the younger child had lived with the father for about a year.  The judge found that the father was...
  • Hunter & Morrison (contravention) 2014 FamCA 198

    by - Oct 24, 2015
    A father withheld children from contact with the mother on 3 occasions, citing reasonable excuses.   The mother alleged the contraventions were serious and posed a physical and emotional risk to the children by virtue of the contraventions precipitating...
  • Ditcher & Fetzer 2014 FamCA 175

    by - Oct 24, 2015
      A child aged 2 years had lived primarily with the father since separation, and the mother applied for the child to live with her for equal time.  When the relationship ended the father withheld the child and the...
  • Dickens & Dickens 2014 FamCA 1226

    by - Oct 24, 2015
    A father withheld a child aged 10 years after the child spoke about being hit by the mother’s new partner, and the boy missed schooling.  The father complained to police who sighted a faint bruise on the...
  • Orr & Pinter 2014 FamCA 119

    by - Oct 24, 2015
    A child aged 5 years was ordered to live with the father and spend time with the mother.  The mother’s time with the child had previously been supervised.  The father withheld the child on two occasions, claiming...
  • McClintock & Levier 2009 FamCAFC 62

    by - Aug 7, 2015
    A mother who admitted six contraventions of orders without reasonable excuse was sentenced to six months imprisonment.  The mother withheld an 11 year old child from the father.  The mother had re-located interstate and enrolled the...
  • Childers & Leslie 2008 FamCAFC 5

    by - Aug 7, 2015
    A mother withheld a child as the child was ill and the father filed for a contravention a few days later. The Court ruled that for a person to have a reasonable excuse to withhold a...
  • Danes & Danes and Anor 2013 FMCAfam 281

    by - Aug 7, 2015
    A maternal grandmother applied that children aged 3 and 5 years live with her and that she share in parental responsibility along with the parents (grandparent).  The grandmother had been significantly involved with both children since...
  • Daher & Halabi 2015 FamCA 487

    by - Jul 24, 2015
    The case involved three children aged 12, 11 and 8 years who lived with the mother and spent time with their father and his extended family at the house of a grandparent. Tensions arose over an...
  • Landon & Maclin 2015 FamCA 241

    by - Sep 2, 2015
      A child was aged 5 years at the time of the hearing.  When the child was aged 2 years the mother babysat both the child and another child.  When the parent  of the other child...
  • Berrington & Farndale 2015 FamCA 183

    by - Jun 23, 2015
      The parents separated before the child was born.  The child who was aged 7 years at the time of the hearing had lived with the mother for six years before a family court issued an...
  • Elford & Elford 2015 FamCA 192

    by - Jul 10, 2015
    The mother and her young adult daughter alleged that the father engaged in family violence.  Evidence was given that the parents were a high conflict couple who exposed the child aged ten years to their arguments...
  • Seaver & Seaver 2015 FamCA 194

    by - Jun 17, 2015
    Parents of children aged 9 and 4 years separated.  The father re-partnered.   Soon after the mother reported that the children exhibited increased anxiety and the mother withheld the children.  The mother demanded that the father participate...
  • Joyner & Whiteside 2015 FamCAFC 44

    by - Jul 5, 2015
    Both parents migrated from Africa and separated after having a child aged 5 years.  Existing orders were that the child live with the mother and spend time with the father.  The father withheld the child after...
  • Newberry & Newberry No 2 2014 FamCA 822

    by - May 6, 2015
    Both parents sought primary residence of three children aged 8, 6 and 5 years.  A previous judge had made orders that the children live primarily with the father and live with the mother on some days....
  • Kardos & Coutts 2014 FamCA 1985

    by - Apr 20, 2015
    The case involved a child aged 9 years who had been on a shared care arrangement for four years.  The mother was aged 18 years when the child was born, and the father left her to...
  • Potter & Ross 2014 FamCA 1056

    by - Apr 17, 2015
    The case involved a child aged 9 years whose parents had a long history of litigation.  Both parents sought new orders in their own favour.  An order for shared care was in place, but the father...
  • Pollock & Breen-Pollock No 3. 2014 FamCA 1026

    by - Apr 13, 2015
    The case involved allegations that the father had participated in sexual abuse with children aged 7 and 6 years at the time of the hearing.  The parents separated after the mother expressed concern about the way the...
  • Peters & March 2010 FamCA 151

    by - Mar 4, 2015
    The mother left the father taking two children aged 6 and 5 years.  The older child was fathered by a second man who took no interest in the proceedings.  The parents lived 180km apart.  The father...
  • Leo & Hanson 2010 FamCA 321

    by - Mar 4, 2015
    A couple had a daughter aged 3 years at the time of the hearing.  The couple was involved in a car accident that severely injured the father, resulting in his being hospitalised for 7 months and...
  • Haddock & ANOR and Haddock & ANOR 2013 FCCA 936

    by - Mar 4, 2015
    The paternal grandparents of a child aged 5 years withheld the child from the mother after a visit, alleging that the mother engaged in alcohol abuse.  The grandparents were further concerned as the maternal grandmother lived with...
  • Mansky & Marco 2013 FCCA 60

    by - Mar 4, 2015
    The case involved a dispute over care of a 10 year old child who had experienced significant physical health problems before the dispute. The mother had a previous history of depression and had expressed suicidal ideation...
  • Pillai & Doshi 2011 FamCA 36

    by - Mar 4, 2015
    The case involved two children aged 7 and 4 years.  The father applied for the children to live with him and to be cared for by his parents while he was at work. The husband had...
  • Froth & Schneider 2011 FamCA 378

    by - Mar 4, 2015
    The parents separated after 3 years of living together and had a daughter aged 6 years who had been living with her mother. When the child was aged 20 months the mother reported that the daughter...
  • Molloy & Molloy 2013 FCCA 1834

    by - Mar 4, 2015
    An 8 year old child had not spent time with the father for a long period after the mother withheld the child from the father.  A consultant reported that the mother engaged in many behaviours that...
  • Ruth aka Hutton & Hutton 2011 FamCAFC 99

    by - Mar 4, 2015
    Parents separated and initially agreed about access arrangements for their child.  On four occasions the mother withheld the child from the father.  The mother then alleged that the father had sexually abused the child and this...
  • Warhurst & Landy 2014 FamCAFC 201

    by - Mar 4, 2015
    The trial judge ordered that the father have sole parental responsibility for a child, that the child live with the father and visit the mother at the discretion of the father.  The mother appealed the orders....
  • Pullman & Pullman 2012. FamCA 980

    by - Mar 4, 2015
    A couple separated having 2 children aged 11 and 10 years.  The parents agreed their children had observed one physical altercation when police were called.  The children initially spent time with the father while living with the mother. ...
  • W & S 2008 FCWA 39

    by - Mar 4, 2015
    The mother of a 3 year old had commenced a relationship with a new partner (re-partnered).  The father asked for an order to prevent their daughter from coming into contact with the mother’s new partner. The...
  • Wade & Braum 2013 FCWA 31

    by - Mar 4, 2015
    A couple with 3 children separated with the children living with their mother with a shared parental responsibility arrangement.   The father sought time with the children, and this was opposed by the mother. The mother alleged that the father...
  • Tarritt & Director General of the Commonwealth Services 2008  FamCAFC 34

    by - Mar 4, 2015
    Parents had a daughter aged 11 years at the time of the hearing.  The mother left the daughter in the care of her father who lived in the USA.  The parents disputed care of the daughter...
  • Garraghan & Westerfield No 2 2014 FamCAFC 96

    by - Mar 4, 2015
    A father pleaded guilty to assaulting the mother.  The mother later withheld the child from the father and applied for an order that the father have access to the child only under supervision by members of...
  • Gahen & Gahen 2014 FamCAFC 122

    by - Mar 3, 2015
    After parents separated a child lived with the mother and spent time with the father who lived with a male companion.  The mother alleged that the child was sexually abused and withheld the child from the...
  • Tindall & Saldo 2015. FamCAFC 1

    by - Mar 3, 2015
    The case involved an appeal by the mother where she was found to have contravened an orders without reasonable excuse.  The mother’s treating psychiatrist gave evidence that the mother had been diagnosed with an anxiety disorder, with...
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